Failure to Warn
Consumers expect any product that is sold on the market to be safe, just as they have an obligation to use the product in the manner intended. Despite clear laws and regulations regarding the design, manufacture and marketing of products, there are still items sold to consumers such as medical devices, drugs, toys, car seats and others that are defective and lead to catastrophic injuries.
If you or a loved one have been harmed by a defective product or because a warning was inadequate, call the San Francisco personal injury lawyers at The Law Offices of Alex G. Tovarian.
Product Liability Claims
If you were harmed by a defective product and can prove that the defect was the cause of your injury and damages, you can sue for compensation under product liability law. Many lawsuits alleging a defect claim that the responsible party negligently designed or manufactured the product. In some cases, the injured victim can sue under the rules of strict liability in which you only have to prove that a defect existed without the need to offer further proof of liability.
Failure to Warn
Besides bringing a claim for defective design or manufacture, you may have a case for a failure to warn. Manufacturers and those who market the product must provide clear and unambiguous warnings to consumers of all the risks and dangers in using the product and that if used in a certain way, it could lead to certain injuries.
The seller, marketer or manufacturer is required under California law to caution the consumer as to the proper use of the product, how to use the product in a safe and in the way intended, and to the foreseeable dangers in any use of it.
Elements of Failure to Warn
To prove a failure to warn case in product liability litigation, you must demonstrate and prove the following:
- The name of the manufacturer or distributor.
- That the product had potential complications or risks that were known or knowable in light of the scientific and medical knowledge generally accepted in the scientific community when the product was manufactured or sold.
- An ordinary consumer would not have recognized the potential risks.
- The defendant failed to adequately warn or instruct of the potential risk or complication.
- The plaintiff suffered damages.
- And the lack of a sufficient warning was a substantial factor in causing the plaintiff�s harm.
How Failure to Warn Can Harm
For example, there must be a warning on child booster seats that their product is only intended for children of a particular weight or height or that the child must be restrained a certain way, or the child risks being thrown from the seat in a collision. It must also instruct the user in the proper assembly of the seat in content that is clear, complete and uncomplicated.
Another example is that a toy may present a choking hazard to a child and that it should only be played with by a child over a certain age.
Many medical devices for hip replacements or knee replacements have been defectively manufactured or designed, but they also have failed to adequately warn the consumer of the potential risks or complications that can arise if the devices are implanted in persons having certain preexisting conditions, for example.
Examples of Dangerous Products
Products that present a clear danger to users if not used properly still must contain adequate warnings. Some examples of products considered inherently or intrinsically dangerous include:
- Power tools
Drugs or pharmaceuticals are a common subject of failure to warn cases. Drugs need to be approved by the FDA after exhausting clinical tests and trials so that they are safe to use and that any side effects or complications are uncovered and clearly disclosed to physicians who prescribe them and to the patients who use them. In many instances, a drug company fails to disclose known complications or encourages a drug to be prescribed to certain consumers for illnesses or conditions that the drug actually exacerbates.
Call The Law Offices of Alex G. Tovarian
Product liability cases are inherently complicated since they nearly always involve difficult issues of proof and expert witnesses are needed to support an injured plaintiff’s allegations.
If you have suffered harm from a product, you will need a personal injury lawyer from a firm with the resources to prosecute such claims and the knowledge and experience to present your case in a logical and indefensible way so that you can collect the compensation you deserve. Call The Law Offices of Alex G. Tovarian today for a free confidential consultation and evaluation of your injury claim.